IN RE BINFORD

Bankruptcy No. 3-85-00772.

53 B.R. 307 (1985)

In re Thomas Lee BINFORD, Debtors.

United States Bankruptcy Court, W.D. Kentucky.

September 20, 1985.


Attorney(s) appearing for the Case

Carl D. Frederick, Louisville, Ky., for debtor.

Richard L. Wilson, Louisville, Ky., for Manufacturers' Hanover Mortg. Corp.

William W. Lawrence, Louisville, Ky., trustee.

Richard A. Schwartz, Louisville, Ky., for Fidelity Financial Services, Inc.


MEMORANDUM-OPINION

G. WILLIAM BROWN, Bankruptcy Judge.

This matter comes before the court on the Objection to Confirmation of the debtor's Plan or alternatively, that the objecting creditor be granted relief from the Automatic Stay.

At issue is whether a Chapter 13 debtor may include within the Plan a proposal to cure an arrearage due a secured real estate mortgagee, where said creditor was listed and discharged in a previously filed Chapter 7 proceeding...

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